Terms of Service

01Definitions¶

The following defined terms apply throughout these Terms of Service and in any Service Order, Statement of Work, or other agreement that incorporates them by reference.

Term	Meaning
"FlowKix"	KUIK GROUP LLC d/b/a FlowKix, a North Carolina LLC, and its authorized personnel.
"Client" / "you"	The business entity or individual that has signed a Service Order or is accessing the FLOWKIX HUB.
"Agreement"	These Terms of Service together with any applicable Service Order, Statement of Work, or Data Processing Addendum.
"Services"	All marketing, content, automation, strategy, and platform-management activities FlowKix performs for Client, as described in a Service Order.
"Platforms"	The FLOWKIX HUB (client portal), FLOWKIX AUTO (automation), FLOWKIX CORE (strategy), and FLOWKIX STUDIO (content production).
"Deliverables"	Work product created by FlowKix specifically for Client — including copy, graphics, videos, campaign structures, and reports.
"Third-Party Platforms"	External services not owned by FlowKix through which Services are delivered, including Meta (Facebook & Instagram), LinkedIn, Google, X, TikTok, Pinterest, and others.
"Client Data"	Any data, content, brand assets, customer lists, credentials, or other information Client provides to FlowKix in connection with the Services.
"Confidential Information"	Non-public business, technical, or financial information disclosed by one party to the other under these Terms.
"Retainer"	The fixed monthly fee agreed in a Service Order.
"Pass-Through Costs"	Third-party expenses (ad spend, software subscriptions, media production) invoiced to Client at cost plus the agreed admin margin.

02Acceptance¶

By (a) signing a Service Order or Statement of Work, (b) clicking "I agree" or a similar button in the FLOWKIX HUB, or (c) accessing or using any FlowKix Platform, you agree to be bound by these Terms on behalf of yourself and the entity you represent.

If you are entering into this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity. If you do not have such authority, or do not agree with these Terms, you must not access or use the Platforms or engage FlowKix for Services.

03Services¶

3.1 Scope

The specific Services FlowKix will deliver are set out in a signed Service Order or Statement of Work. Unless otherwise agreed in writing, the Services include a combination of strategy, content production, social media management, paid advertising management, marketing automation, and reporting — as defined by the selected service tier.

3.2 AI-assisted delivery

FlowKix uses artificial intelligence tools — including large language models, image-generation models, and automation platforms — to enhance the speed, scale, and quality of its work. All AI-generated content is reviewed and approved by FlowKix before delivery. The use of AI tools does not diminish FlowKix's responsibility for the quality of the final Deliverables.

3.3 Change requests

Changes to the agreed scope of Services must be requested in writing and are subject to FlowKix's then-current availability and pricing. Scope changes that materially increase workload may result in a revised Service Order with adjusted fees.

3.4 Service levels

FlowKix will use commercially reasonable efforts to meet the delivery timelines agreed in each Service Order. FlowKix is not liable for delays caused by Client's failure to provide timely approvals, materials, or access, or by Third-Party Platform outages or policy changes.

3.5 Platform access

Access to the FLOWKIX HUB is included with all active Service Orders. FlowKix reserves the right to update, modify, or discontinue Platform features with reasonable notice. Feature changes that materially reduce the functionality relied upon for the contracted Services will be communicated at least 30 days in advance where practicable.

04Accounts & access¶

To access the FLOWKIX HUB, Client must create an account using a valid business email address. Client is responsible for:

• Maintaining the confidentiality of account credentials and multi-factor authentication factors.
• All activity that occurs under their account, whether authorized or not.
• Promptly notifying FlowKix at hello@flowkix.com of any unauthorized use or suspected breach.
• Ensuring that any team members granted access are aware of and comply with these Terms.

FlowKix may suspend or terminate access to the Platforms at any time if it reasonably believes that an account is being used in a manner that violates these Terms, poses a security risk, or is required by applicable law.

05Fees & payment¶

5.1 Retainer

The monthly Retainer is fixed as set out in the Service Order. The Retainer covers the agreed scope of Services for the billing cycle and is non-refundable except as provided in Section 15 (Termination). FlowKix invoices the Retainer on the first business day of each month, due within 7 calendar days of the invoice date.

5.2 Pass-Through Costs

Third-party costs (ad spend, software licenses, stock assets, API fees, and other out-of-pocket expenses) are invoiced separately at cost plus a 12% admin margin to cover management, procurement, and reconciliation. FlowKix will provide an itemized summary of Pass-Through Costs no less frequently than monthly.

For ad spend, Client may be required to maintain a pre-funded balance in a designated ad account. FlowKix is not responsible for campaign interruptions caused by insufficient funds in Client-owned ad accounts.

5.3 Late payments

Invoices not paid within 7 days of the due date are subject to a late fee of 1.5% per month (18% per annum) on the outstanding balance, compounded monthly. FlowKix reserves the right to pause Services if any invoice is more than 14 days overdue, without liability for any resulting delays or missed placements.

5.4 Taxes

All fees are exclusive of applicable taxes (including sales tax, VAT, GST, or similar). Client is responsible for all taxes associated with its purchase of Services, except for taxes on FlowKix's net income.

5.5 Price adjustments

FlowKix may adjust the Retainer by providing at least 60 days' written notice. If Client does not agree to the adjusted pricing, Client may terminate the Agreement effective at the end of the current billing cycle by providing written notice within 30 days of receiving the price-adjustment notice.

06Intellectual property¶

6.1 Deliverables — ownership

Upon receipt of full payment, FlowKix assigns to Client all right, title, and interest (including copyright) in the Deliverables produced specifically for that Client. Until full payment is received, FlowKix retains ownership and grants Client a limited, non-exclusive, non-transferable license to use the Deliverables solely for the purposes for which they were produced.

6.2 FlowKix background IP

All tools, templates, workflows, automation scripts, proprietary processes, Platform software, and pre-existing materials that FlowKix uses to deliver the Services ("Background IP") remain the exclusive property of FlowKix. Delivery of Deliverables does not transfer any rights in Background IP.

6.3 Client Data

Client retains all rights in Client Data. Client grants FlowKix a limited, royalty-free license to use, store, process, and display Client Data solely to the extent necessary to deliver the Services. This license terminates upon expiration or termination of the Agreement.

6.4 AI-generated content

Some Deliverables may incorporate outputs from AI systems (e.g. AI-generated images, AI-drafted copy). FlowKix makes no representation about the copyright status of AI-generated elements under current or future law. Client accepts the Deliverables as-is in this regard and is solely responsible for any copyright review it deems appropriate prior to commercial use.

6.5 Attribution & portfolio

Unless Client requests otherwise in writing, FlowKix may reference Client's name and publicly displayed results (e.g. aggregated performance metrics, campaign screenshots without confidential data) in its marketing materials, portfolio, and case studies.

07Client obligations¶

To enable FlowKix to deliver the Services effectively, Client agrees to:

• Provide timely access to brand assets, accounts, credentials, and approvals as reasonably requested.
• Designate a primary point of contact with the authority to make marketing decisions.
• Respond to approval requests within the timeframes specified in the Service Order (default: 3 business days). Failure to respond within the approval window is deemed approval of the pending item.
• Ensure that all Client Data provided to FlowKix is accurate, complete, and legally obtained — including customer lists, audience data, creative assets, and login credentials.
• Maintain valid, active accounts on all Third-Party Platforms required for the contracted Services, and ensure those accounts comply with the respective platform's policies.
• Not hold FlowKix liable for results, ad account suspensions, or policy violations arising from Client-supplied content or data that violates applicable platform terms.
• Promptly inform FlowKix of any material changes to business operations, branding, target audience, or regulatory status that may affect the Services.

08Acceptable use¶

Client must not use FlowKix's Platforms or Services to:

• Promote, sell, or advertise products or services that are illegal in the target market.
• Engage in deceptive, fraudulent, or misleading advertising or content practices.
• Violate any applicable anti-spam, consumer protection, data privacy, or advertising law.
• Upload or transmit malware, viruses, or malicious code to FlowKix Platforms.
• Attempt to gain unauthorized access to FlowKix systems, other client workspaces, or Third-Party Platform accounts beyond those authorized.
• Reverse-engineer, decompile, or otherwise attempt to derive the source code of any FlowKix Platform.
• Resell, sublicense, or otherwise make FlowKix Platforms available to third parties without prior written consent.
• Use the Platforms to process personal data of minors under 13 (or the applicable minimum age in Client's jurisdiction) without verifiable parental consent.

09Third-party platforms¶

The Services depend on Third-Party Platforms (Meta, LinkedIn, Google, X, TikTok, Pinterest, and others) that are beyond FlowKix's control. Client acknowledges and agrees that:

• Third-Party Platforms may change their APIs, ad policies, algorithm behavior, or terms of service at any time without notice to FlowKix or Client.
• FlowKix cannot guarantee specific reach, impression, follower, or conversion outcomes — performance depends on platform algorithms, audience behavior, competitive conditions, and budget levels outside FlowKix's control.
• Third-Party Platforms may suspend, restrict, or terminate Client's ad accounts or pages based on their own policies. FlowKix will use commercially reasonable efforts to remedy such issues but is not liable for resulting interruptions.
• Client grants FlowKix the authority to connect FlowKix's developer applications (such as "FLOWKIX Social Publisher") to Client's accounts solely for the purpose of delivering the contracted Services.
• Client remains the account holder of record on all Third-Party Platforms and retains full responsibility for compliance with those platforms' terms of service.

10Confidentiality¶

Each party agrees to keep the other party's Confidential Information strictly confidential and to use it only for the purposes of performing its obligations or exercising its rights under this Agreement. Neither party will disclose the other's Confidential Information to any third party without prior written consent, except to employees, contractors, or sub-processors who need it to perform the Services and are bound by equivalent confidentiality obligations.

Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party at the time of disclosure; (c) is independently developed by the receiving party without use of the disclosing party's Confidential Information; or (d) is disclosed pursuant to a legal obligation, provided the receiving party gives reasonable prior written notice and cooperates with the disclosing party's efforts to obtain a protective order.

Confidentiality obligations survive termination of this Agreement for a period of 3 years from the date of last disclosure.

11Data processing¶

FlowKix's collection and use of personal data is governed by the FlowKix Privacy Policy, which is incorporated into this Agreement by reference. When FlowKix processes personal data on Client's behalf (acting as a data processor), the parties will enter into a separate Data Processing Addendum (DPA) if required by applicable law (e.g. GDPR, CCPA). The DPA supplements and does not replace the Privacy Policy.

Client represents and warrants that it has all necessary rights, consents, and legal bases required to provide Client Data (including customer personal data) to FlowKix for processing under this Agreement.

12Warranties & disclaimers¶

12.1 FlowKix warranties

FlowKix warrants that:

• It has the right to enter into this Agreement and to grant the licenses described herein.
• It will perform the Services in a professional and workmanlike manner consistent with industry standards.
• The Deliverables, to the best of FlowKix's knowledge, will not infringe the intellectual property rights of any third party — except to the extent the Deliverables incorporate Client-supplied content or AI-generated elements (see Section 6.4).

12.2 Client warranties

Client warrants that:

• It has the right to provide Client Data to FlowKix and to authorize FlowKix to use it as described in this Agreement.
• Client Data does not infringe third-party rights and does not violate applicable law.
• It will use the Deliverables and Platforms only in compliance with applicable laws and the terms of relevant Third-Party Platforms.

12.3 Disclaimer

EXCEPT AS EXPRESSLY SET OUT IN SECTION 12.1, THE SERVICES AND PLATFORMS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FLOWKIX DOES NOT WARRANT THAT THE PLATFORMS WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY SPECIFIC MARKETING RESULTS WILL BE ACHIEVED.

13Limitation of liability¶

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• Exclusion of indirect damages: Neither party will be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages — including lost profits, lost revenue, loss of goodwill, loss of data, or cost of substitute services — arising out of or related to this Agreement, even if advised of the possibility of such damages.
• Cap on direct damages: FlowKix's total cumulative liability for any and all claims arising out of or related to this Agreement will not exceed the total Retainer fees paid by Client in the three (3) calendar months immediately preceding the event giving rise to the claim.

The above limitations do not apply to: (a) Client's obligation to pay fees; (b) either party's indemnification obligations under Section 14; (c) damages resulting from a party's fraud, willful misconduct, or gross negligence; or (d) death or personal injury caused by negligence.

14Indemnification¶

14.1 By Client

Client agrees to indemnify, defend, and hold harmless FlowKix and its officers, employees, contractors, and agents from and against any third-party claims, losses, damages, costs, and expenses (including reasonable attorneys' fees) arising from: (a) Client Data; (b) Client's products or services; (c) Client's breach of these Terms or applicable law; (d) Client's violation of Third-Party Platform policies; or (e) use of the Deliverables outside the scope permitted by these Terms.

14.2 By FlowKix

FlowKix agrees to indemnify, defend, and hold harmless Client from third-party claims that the Platforms or Deliverables (excluding Client-supplied content and AI-generated elements) infringe a third party's copyright, trademark, or trade secret under applicable U.S. law, provided that Client: (a) promptly notifies FlowKix in writing; (b) grants FlowKix sole control of the defense and settlement; and (c) provides reasonable cooperation.

15Term & termination¶

15.1 Term

The Agreement commences on the date Client signs the Service Order (or first accesses the Platforms) and continues on a month-to-month basis unless a minimum commitment period is specified in the Service Order.

15.2 Termination for convenience

Either party may terminate the Agreement without cause by providing at least 30 days' written notice. Services and billing continue through the end of the notice period.

15.3 Termination for cause

Either party may terminate the Agreement immediately upon written notice if the other party: (a) commits a material breach that is not cured within 10 business days of written notice; (b) becomes insolvent, makes an assignment for the benefit of creditors, or is subject to bankruptcy proceedings; or (c) engages in fraud or willful misconduct.

15.4 Effect of termination

Upon termination or expiration:

• All outstanding fees through the termination date become immediately due and payable.
• FlowKix will provide Client with any Deliverables completed and paid for up to the termination date.
• Each party will return or destroy the other's Confidential Information promptly upon request.
• Client's access to the FLOWKIX HUB and all Platforms will be revoked within 7 business days.
• FlowKix will disconnect its developer applications from Client's Third-Party Platform accounts within 7 business days.
• No refund will be issued for any Retainer already paid, unless termination was for FlowKix's uncured material breach.

15.5 Survival

The following sections survive termination: Definitions (1), Fees & Payment for amounts owed (5), Intellectual Property (6), Confidentiality (10), Warranties & Disclaimers (12), Limitation of Liability (13), Indemnification (14), and Governing Law (16).

16Governing law & disputes¶

16.1 Governing law

This Agreement is governed by the laws of the State of North Carolina, United States, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

16.2 Informal resolution

Before initiating formal proceedings, the parties agree to negotiate in good faith for at least 30 days after one party sends written notice describing the dispute in reasonable detail.

16.3 Arbitration

If informal resolution fails, any dispute arising out of or relating to this Agreement will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, with the arbitration conducted in Charlotte, North Carolina (or remotely by mutual agreement). Judgment on the award may be entered in any court of competent jurisdiction.

Class action waiver: Each party waives any right to bring or participate in a class action or collective proceeding arising from this Agreement.

16.4 Exceptions

Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm pending arbitration, including for misuse of Confidential Information or intellectual property.

17Changes to these Terms¶

FlowKix may update these Terms from time to time. When we make a material change, we will revise the "Last updated" date at the top of this page and notify active clients by email or via the FLOWKIX HUB at least 14 days before the changes take effect.

Your continued use of the Platforms or Services after the effective date of a change constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you may terminate the Agreement pursuant to Section 15.2 before the changes take effect.

18Contact¶

Questions about these Terms? Reach us at:

Email	hello@flowkix.com
Legal inquiries	legal@flowkix.com
Postal address	KUIK GROUP LLC d/b/a FlowKix · Charlotte, NC, United States
Website	flowkix.com

For privacy-related requests, see our Privacy Policy or write to privacy@flowkix.com.